If your disability claim under an employer-sponsored insurance plan has been denied, you’re already facing enough stress. Finding the right attorney to fight for your benefits shouldn’t add to your burden — but the truth is, it will if you don’t know what you’re doing. Most general “disability” lawyers are not equipped to handle ERISA cases. ERISA is complicated, technical, and full of traps for the unwary. Hiring the wrong attorney can kill your case before it even gets off the ground.

Here’s the no-nonsense guide on how to find the right ERISA disability attorney:

  1. Make Sure They Actually Handle ERISA Disability Claims

Not every disability attorney practices ERISA law. Social Security Disability Insurance (SSDI) claims are completely different animals. An attorney who “helps people with disability benefits” but doesn’t know ERISA inside and out is a disaster waiting to happen.

Ask directly:

  • “How many ERISA disability cases have you handled?”
  • “Do you routinely file lawsuits in federal court for ERISA disability cases?”

If they hesitate, dodge, or pivot to their “general experience helping disabled individuals,” move on.

  1. Look for a Track Record With Large Insurers

ERISA claims usually involve major insurance companies — Unum, Cigna, Prudential, Lincoln Financial, Hartford, MetLife, Guardian, and others. These companies know who the real ERISA litigators are. So should you.

You want an attorney who has successfully appealed or sued these companies.

Check their website or ask:

  • “Have you handled cases against my insurer before?”
  • “Can you give me an example of a favorable ERISA outcome you achieved?”

If they can’t answer that clearly and confidently, they’re not the one.

  1. Find Someone Who Knows How To Work Within the ERISA Trap

The ERISA administrative appeal process is a minefield. If you don’t build the full case record during your appeal, you’re stuck with a weak hand in court later. You can’t “add new evidence” later if you screw it up now.

Ask the attorney:

  • “Will you help me supplement the administrative record?”
  • “How will you develop the medical and vocational evidence before the appeal deadline?”

If they don’t mention building the record or developing a strategy for administrative exhaustion, they don’t know how to play ERISA chess.

  1. Check if They Will Litigate — and Not Just Settle

Some “ERISA attorneys” are glorified settlement brokers. They pressure clients to settle claims early, sometimes for pennies on the dollar, because they don’t actually want to fight in federal court.

Ask them:

  • “If necessary, will you file a lawsuit in federal court?”
  • “How many ERISA lawsuits have you filed?”

You want a lawyer who will go the distance if needed. Settlements are fine — but only if they come from a position of strength, not weakness.

  1. Find Someone You Can Work With

This is the soft factor — but it still matters. You’re trusting this lawyer with your health, your financial future, and frankly your survival. You want someone who:

  • Communicates clearly
  • Sets realistic expectations
  • Treats you like a human being, not a file number

If a lawyer talks over you, minimizes your concerns, or tries to rush you off the phone, imagine how bad it’ll be once you’re deep into a stressful ERISA battle.

Final Thoughts

ERISA is brutal by design. It was written to protect insurance companies, not claimants. If your disability claim has been denied, you need an experienced ERISA attorney in your corner — not just any “disability lawyer.”

Finding the right one takes work. But if you take these steps seriously, you’ll give yourself the best shot at reclaiming the benefits you’re owed.